Are you eligible for Massachusetts veterans benefits?
The Commonwealth of Massachusetts began providing for its veterans immediately following the Revolutionary War. At the start of the Civil War in 1861, the state legislature formalized the assistance provided to veterans by establishing MGL Chapter 115 and the Department of Veterans Services. In every city and town in the Commonwealth, the legislature created the offices of Director of Veterans Services, Burial Agent, and Graves Officer – in recognition of the military service and associated sacrifices by citizens who protected and defended the United States in time of war.
State and local government leaders wanted to recognize our armed forces by providing certain essential benefits to men and women (both living and deceased) who had borne the burden of military duty – and to their families by providing benefits that were earned by their service. Chapter 115 enables every eligible Massachusetts veteran to receive certain financial medical, educational, employment, and other benefits. Veterans, their dependents, and surviving spouses have been singled out to receive counsel and assistance dispensed through the 351 municipal Veterans Services offices.
Today, M.G.L. Chapter 115 requires every city and town to maintain a Department of Veterans’ Services through which the municipality makes available to its residents the part-time or full-time services of either an exclusive or district veterans' agent. It is the job of that agent to provide veterans (living and deceased) and their dependants access to all federal, state, and local benefits and services to which they are entitled – including assisting in their funerals and honoring them on Memorial Day and Veterans Day.
Definitions of Massachusetts Veterans
To be a veteran under Massachusetts law, a person is required to have served: 180 days of active duty service and be discharged or released under honorable conditions, or 90 days of active duty service, one day of which is “wartime” per the chart which follows, and be discharged or released under honorable conditions (except for Vietnam 1, which requires 180 days of active duty service).
The following categories of persons may qualify as dependants eligible to receive veterans’ benefits:
Spouse of the veteran; widow or widower of the veteran; Dependant parent of the veteran; any person who acted as a parent to the veteran for five years immediately preceding the commencement of the veterans’ wartime service; child of the veteran until his or her 19th birthday; child of the veteran 19 years of age or older who is mentally or physically unable to support him/herself and was affected by the disability prior to his/her 18th birthday; or the legally adopted children of the veteran.
Veterans’ Bill of Rights (M.G.L. ch. 115 and 108 CMR -Code of Massachusetts Regulations)
You have a right to:
•File a written application for veterans’ benefits at any time. You can insist upon this right, even if told that you are not eligible. 108 CMR 4:02 (1);
•Receive assistance from your local veterans’ agent in completing your application (M.G.L. ch. 115, s. 3);
•Receive a full explanation of the services and benefits available under M.G.L. ch. 115, as well as other available benefits;
•Receive a written notice and explanation of the approval or denial of your application for benefits (108 CMR 8.02);
•Be treated with dignity and respect and to receive accurate, courteous, and timely service;
•Appeal and request a hearing if you disagree with any action taken in your case [108 CMR 8.07(1)];
•Expect confidentiality; personal information will not be collected or used except for the purpose of determining your eligibility for benefits (M.G.L. ch. 40, s.51);
•Receive fair and equal treatment without regard to sex, race, religion, handicap, ethnicity, or national origin (M.G.L. ch. 151B, s.3);
•Preference in public employment (M.G.L. ch.31, s.12, 26, 28 and ch. 41, s.112.)
For more information on your rights, speak to your local city/town veterans’ agent, or contact the Massachusetts Department of Veterans’ Services, 600 Washington Street, Suite 1100, Boston, MA 02111, 1-617-210-5480, visit www.mass.gov/veterans or email: mdvs@vet.state.ma.us.
